Do I Need An Attorney For Mediation? Who Else Should Attend?
Parties must carefully consider who should attend the mediation. It is particularly important that people with decisionmaking authority be present. A written agreement is drafted as soon as settlement is reached, and it is best that the people authorized to sign such a document are present. Important decisionmakers include everyone who has a stake in the final outcome and whose authorization is necessary to achieve a settlement. Sometimes these stakeholders are actually external to the sispute, such as insurance carriers. Their presence at the proceedings minimizes the risk that a sound agreement will later be rejected.
You may choose, but do not have to, have your attorney attend the mediation session. It is certainly a good idea to bring legal counsel to the proceedings if the other side will be similarly represented in the proceedings. Doing so can help bring a sense of balance to the proceedings. However, parties may wish to balance the cost of attorney participation in the proceedings, agains the utilty of of attorney involvement.
Other Mediation FAQs
-
Q:
What Is Mediation?
A: Mediation is negotiation carried out with the help of a trained facilitator. Two or more parties meet with a neutral third party, who guides the negotiation process by …
More
-
Q:
How Do We Get To Mediation?
A: The mediation process is usually voluntary the parties in a dispute come to an independent agreement to try to work things out with the help of a mediator. …
More
-
Q:
How Much Time Is Required To Schedule A Mediation?
A: Generally speaking, the parties themselves determine the scheduling of mediation, unlike in the court system where the "court docket" and relevant court rules define …
More
-
Q:
Who Starts First In Mediation?
A: There is no set format for the actual mediation process. However, as a general rule, all mediations involve a series of joint and separate meetings. The first step is …
More
-
Q:
Who Keeps Things Under Control?
A: After the initial airing of rules and views, the mediation enters a problemsolving phase. During this phase, often called the "Caucus Phase," the …
More
-
Q:
What Happens When An Agreement Is Made In Mediation?
A: Once the case is settled in a way that is agreeable to all sides, the mediator and/or parties will draft a document outlining the terms of the agreement and …
More
-
Q:
Is Mediation Voluntary?
A: Mediation is usually voluntary although participation is sometimes mandated by contract or by the court. Settlement, however, can never be mandated. When settlement is …
More
Alternative Dispute Resolution Sub-categories
